Maine Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Maine does not require or provide any specific or statutory lien waiver form. Any form may be used.
Notarization Not Required
Maine lien waivers are not required to be notarized, and do not benefit from being notarized.
Can Waive Rights in Contract
Maine has no specific prohibition against waiving future lien rights through contract, or otherwise prior to work. However, Maine courts have looked upon such waivers with disfavor.
Can Waive Rights Before Payment
Maine does not prohibit waiving lien rights prior to payment.
Maine lien waivers can be very tricky.
Lien waivers are not heavily regulated in Maine, both with respect to form and language, or to timing. Maine statutes and case law seems to suggest that lien waivers (also sometimes called lien releases or releases) are treated just like any other contract. And that parties can use almost whatever language they want in lien waivers, and lien waivers can be effective no matter when they are exchanged.
This means that in Maine, construction participants should look very closely at what is being agreed upon in any contract and lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.
As such, using standard, fair, and clear lien waiver forms and language is best practice for construction participants in Maine.
Below are some frequently asked questions about the lien waiver laws and requirements in Maine.
